Availability of an Environmental Assessment and Receipt of an Application for an Incidental Take Permit for the Endangered Delhi Sands Flower-Loving Fly for the Proposed Colton Transmission Line and Substation Project in the City of Colton, San Bernardino County, California

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Availability of an Environmental Assessment and Receipt of an

Application for an Incidental Take Permit for the Endangered Delhi

Sands Flower-Loving Fly for the Proposed Colton Transmission Line and

Substation Project in the City of Colton, San Bernardino County,

California

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of availability.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) has under

consideration a proposal to issue a 10-year permit under Section

10(a)(1)(B) of the Endangered Species Act (ESA) that would authorize

incidental taking of the endangered Delhi Sands flower-loving fly

(Rhaphiomidas terminatus abdominalis). The applicant for this

incidental take permit is the City of Colton, California. The

application is accompanied by a proposed Habitat Conservation Plan

(HCP) for the Delhi Sands flower-loving fly and an Implementing

Agreement. In response to the permit application and the accompanying

proposal, an Environmental Assessment (EA) has been prepared pursuant

to the National Environmental Policy Act (NEPA). This notice is

provided pursuant to section 10 of the ESA and NEPA regulations (40 CFR

1506.6).

The Service will evaluate the application, associated documents,

and comments submitted thereon to determine whether the application

meets the requirements of NEPA regulations and section 10(a) of the

ESA. If it is determined that the requirements are met, a permit will

be issued for the incidental take of the Delhi Sands flower-loving fly.

The final NEPA and permit determination will be made no sooner than 30

days from the date of this notice. This notice describes the currently

proposed action and alternatives, and solicits comments on the complete

permit application, as well as the issues and alternatives raised in

the EA. All comments received, including names and addresses, will

become part of the official administrative record and may be made

available to the public.

DATES: Written comments related to the Service's EA and the City of

Colton's permit application, HCP, and IA, should be received by the

Service on or before September 13, 1995.

ADDRESSES: Information, comments, or questions regarding the EA, permit

application, HCP, and IA, should be submitted to Mr. Gail Kobetich,

Field Supervisor, U.S. Fish and Wildlife Service, 2730 Loker Avenue

West, Carlsbad, California 92008. Written comments also may be sent by

facsimile to (619) 431-9618.

FOR FURTHER INFORMATION CONTACT: Mr. Pete Sorensen, Assistant Field

Supervisor, at the above Carlsbad address, telephone (619) 431-9440.

Individuals wishing copies of the EA, HCP, IA, and/or permit

application should immediately contact Mr. Sorenson. Persons wishing to

review background material may obtain it by contacting the City of

Colton, telephone (909) 370-5079. Documents also will be available for

public inspection by appointment during normal business hours (8 am to

5 pm, Monday through Friday) at the Service's Carlsbad Field Office

(see ADDRESSES section above).

SUPPLEMENTARY INFORMATION: The Service listed the Delhi Sands flower-

loving fly as an endangered species on September 23, 1993 (58 FR

49881). As an endangered species, the Delhi Sands flower-loving fly is

protected pursuant to Section 9 of the ESA against take; that is, no

one may harass, harm, pursue, hunt, shoot, wound, kill, trap, capture

or collect the species, or attempt to engage in such conduct (16 USC

1538). However, under certain circumstances, the Service may issue

permits to take endangered wildlife species incidental to, and not the

purpose of, otherwise lawful activities. Regulations governing permits

for endangered species are at 50 CFR 17.22.

The City of Colton proposes to construct a transmission line and

substation project located in the City of Colton, in San Bernardino

County. The proposed project is partially located in undeveloped areas

that are either known to support the endangered Delhi Sands flower-

loving fly or are considered suitable habitat for the species. Pole

placement, and construction of the substation and a portion of the

access road, would result in the permanent loss of 2.4 acres of

suitable Delhi Sands flower-loving fly habitat. In addition,

construction of the transmission line, underground distribution line,

and portions of the substation and access road would result in the

temporary disturbance of 2.2 acres of occupied and potential habitat.

Operation and maintenance activities of the proposed substation and

transmission lines (e.g., driving to and from the facility and

regularly scheduled cleaning of the transmission lines) also may result

in additional take of endangered species remaining on or adjacent to

the proposed project site.

Two listed plant species, Santa Ana River woolly-star (Eriastrum

densifolium ssp. sanctorum) and slender-horned spineflower (Dodecahema

leptoceras), are known to occur within or near the proposed

transmission line and substation. Although no incidental take

authorization is required for listed plant species, impacts to these

species must be addressed in the intra-Service consultation required

pursuant to section 7(a) of the ESA.

The City of Colton proposes to mitigate for this incidental take by

implementing several on-site and off-site mitigation measures. Such

measures include: off-site acquisition and management of 7.5 acres;

funding a $66,250 endowment for maintenance and enhancement of the 7.5-

acre site; conducting pre-construction surveys in occupied Delhi Sands

flower-loving fly habitat to determine pole placement and access routes

that avoid and minimize direct impacts to the species; conducting pre-

construction surveys to determine pole placement and access routes that

avoid impacts to listed plant species; and restoration of temporary

disturbance areas, and various additional on-site measures to be

undertaken during construction and operation of their facility.

In addition to the proposed project and no project alternatives,

the City of Colton considered six other alternative sites for the

substation with different routes for the transmission lines.

Alternative sites and routes were rejected for the following reasons:

Site drainage characteristics; earthwork requirements; distance from

electrical load centers; flood potential; poor access; and/or high

visibility impacts. Selection of a new alternative site would delay

start-up of the San Bernardino County hospital indefinitely and would

be financially infeasible for the project applicant.

Dated: August 3, 1995.

Thomas Dwyer,

Deputy Regional Director, Region 1, Portland, Oregon.

[FR Doc. 95-19993 Filed 8-11-95; 8:45 am]

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